IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

CMPMO No.695 of 2009

th

Decided on 16 December 2025

Sh. Ramesh Chand

…Petitioner

Versus

Sh. Mansha Ram (since deceased through LRs, namely,

Smt. Bimla Devi and others

…Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge

1

Whether approved for reporting? Yes

For the petitioner: Mr. Ashwani K. Sharma, Senior

Advocate, with Mr. Ishan Sharma,

Advocate.

For the respondents: Mr. Shekhar Badola, Advocate.

Ajay Mohan Goel, Judge (Oral

By way of this petition, the petitioner has prayed for

the following relief:-

“It is, therefore, respectfully prayed that this

petition may be allowed and after setting aside the impugned order dated 23.11.2009 passed by the learned District Judge, Hamirpur, in Civil Misc. Appeal No.49 of 2006, the petition filed by the respondent under Order 39 Rule 2-A CPC may kindly be ordered to dismissed and justice be done.”

2. The petitioner has challenged judgment dated

23.11.2009, passed by the learned Appellate Court, in. terms whereof, the appeal filed by the predecessor-in-interest of the present respondents, namely, Mansha RHam, under Order 43, Rule 1(r) of the Civil Procedure Code, was allowed.

3. Brief facts necessary for the ad